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Ed Rush & Associates Privacy Policy and Terms of Use

Terms of Use

THIS IS IMPORTANT — PLEASE READ EACH TIME YOU VISIT THE WEBSITE

THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS

BY ACCESSING OR USING THE SITE YOU AGREE TO BE BOUND BY THE TERMS OF USE. READING AND ACCEPTING THE PROVISIONS OF THE TERMS OF USE AND PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED AS CONSIDERATION FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.

ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.

BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.

ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.

THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF ANY CHANGES.

I. PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The Website and its owners and/or operators are parties to this agreement, herein referred to as “Website,” “Site” and/or “Seller.”

II. LICENSE TO GRANT

Visitor is granted a limited, revocable, non-exclusive, non-transferrable, non-commercial license to access and use the Site for personal use, conditioned on the continued acceptance and compliance with the Terms of Use.  Seller reserves the rights to exclude, restrict, or suspend any Visitor’s access to the Site and/or to terminate this license at any time, for any reason.

III. RESTRICTIONS

Unless otherwise expressly stated in the Terms of Use or Visitor receives the Seller’s prior written consent, Visitor may not modify, translate, copy, distribute, market, display, any proprietary information from this Site. Visitor may not use the Site for any illegal purpose or activity; or interfere with the Website’s functionality by the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or the like.

IV. USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this Website to the contrary, Visitors, viewers, subscribers, members, affiliates, or customers have no right to use information from this Website in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of its contents. By viewing the contents of this Website you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the Site may contain, for any reason for any use whatsoever. Visitor agrees to liquidated damages in the amount of U.S. $100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

V. OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The Website and its contents are owned or licensed by the Website. Material contained on the Website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the Site content. Use of Website content for any reason is unlawful unless it is done with express contract or permission of the Website.

VI. HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE IS PROHIBITED

Unless expressly authorized by the Website, no one may hyperlink this Site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this Website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the Site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $100,000.00 plus costs and actual damages for violating this provision.

VII. DISCLAIMER FOR CONTENTS OF SITE

The Website disclaims any responsibility for the accuracy, completeness, or reliability of the content of this Website. Visitors assume all risk of viewing, reading, using, or relying upon this information.  There is no representation or warranty that the quality of any products, services, or information accessible or available through this Site will meet Visitor’s expectations. Unless you have otherwise formed an express contract to the contrary with the Website, you have no right to rely on any information contained herein as current, accurate, or complete. The Website makes no such warranty. All warranties express or implied are disclaimed to the fullest extent permitted by law including, but not limited to, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.

VIII. DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

The Website assumes no responsibility for damage to computers or software of the Visitor or any person the Visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the Visitor’s computer. Again, visitor views and interacts with this Site, or banners or pop-ups or advertising displayed thereon, at his or her own risk.

IX. DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitor downloads information from this Site at his or her own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

X. LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with this Site, including banners, advertising, or pop-ups, downloads, and as a condition of the Website to allow lawful viewing, Visitor forever waives all right to claims against Seller for damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

XI. INDEMNIFICATION

The Website shall not be liable for any claim, loss, damage, or harm, whether direct or indirect of any kind whatsoever as a result of, or arising out of Visitor’s use of the Site, its services, or products. To the fullest extent permitted by law, Visitor shall defend, indemnify, and hold harmless the Website from and against any and all claims arising or related to use of the Site, including reasonable attorneys’ fees and costs.

XII. SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner it sees fit. “Submissions” is also a provision of the Privacy Policy.

XIII. NOTICE

Seller reserves the right to revise these Terms of Use at any time by posting a revised Terms of Use on the Site. Your use of the Site will be deemed acceptance of all the applicable terms and conditions existing at the time you use the Site.  No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the Website.

XIV. DISPUTES

As part of the consideration that the Website requires for viewing, using or interacting with this Website, Visitor agrees to use binding arbitration, by a single impartial arbitrator, for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, service, and/or product, including but not limited to solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Any hearing will take place in the city or county of the Seller.

In no case shall the Viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute in arbitration, including attorneys’ fees, collection fees, investigation fees, and travel expenses.

XV. JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees that the sole and proper jurisdiction will be in the state and city declared in the contact information of the web owner unless otherwise here specified, Chula Vista, CA. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address. Visitor agrees to unconditionally submit to the exclusive jurisdiction and venue of such courts and will not object to such jurisdiction and venue on the grounds of personal jurisdiction, inconvenient forum, or otherwise.  Each party waives any and all right to trial by jury in any legal proceeding arising or related to the Terms of Use. The Website reserves all rights and remedies available to it with respect to any matter related to these Terms of Use.

XVI. APPLICABLE LAW

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller, without regard to choice of law principles.

XVII. SEVERABILITY AND WAIVER

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provisions shall be enforced to the fullest extent permissible by law, and all other provisions shall remain in full force and effect. The failure to use or exercise any right or provision in these Terms of Use shall not be deemed a waiver of such right or provision.

XVIII. COMPLETE AGREEMENT

The Terms of Use, including any revision thereto, the Privacy Policy, and any additional terms or conditions incorporated by reference, constitute the entire agreement between Visitor and the Site and its use by you, and supersedes any prior written or oral communication regarding use of the Site.

Use of the Site Outside the United States

Seller makes no claims regarding access or use of the Site or its content outside the United States. Should you access the Site from another jurisdiction, you will be responsible to comply with the laws and regulations of that jurisdiction in addition to these Terms of Use.

XIX. DISCLAIMER

The views expressed are those of the author / webmaster and do not reflect the official policy or position of the Department of Defense or the U.S. Government.

XX. CONTACT INFORMATION

Ed Rush & Associates
P.O. Box 1290
Bonita, CA 91908
619-292-2599 // Fax – 619-292-2598
support@edrush.com

Privacy Policy

IMPORTANT — PLEASE READ EACH TIME YOU VISIT THE WEBSITE

This Privacy Policy describes the terms of our commitment to your privacy.

I. PERSONS OR PARTIES COVERED

This Privacy Policy incorporates by reference the Terms of Use and is intended to cover all visitors to this website, all subscribers to lists or newsletters whether paid or unpaid, all members or affiliates whether paid or unpaid, and all customers. Persons who visit or view this website, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as “Visitors” and are parties to this Privacy Policy. Subscribers to lists or newsletters are referred to herein as “Subscribers” and are parties to the Privacy Policy. Persons who join an organization or marketing endeavor (e.g. “affiliates”) promoted by this website are called “Members” herein and are covered by this Privacy Policy. Finally, anyone who orders, attempts to order, or receives a product sold (recipients) or advertised on or delivered from this website, even if at no cost, is called a “Customer” herein and is subject to this Privacy Policy not only by passive acceptance, but by virtue of the Purchase Agreement. The website, its agents, owners, operators, and employees are referred to collectively herein as “Website,” “Site,” and/or “Seller.”

II. PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED

In the event that a person excluded from this Website because of the Terms of Use or due to denial of service by the Website, who nonetheless unlawfully view this Site, will remain subject to the terms of this Privacy Policy and will be in violation of the Terms of Use.

III. PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE

This Website is not lawfully accessible or intended for persons under the age of 18 or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA). The Website does not knowingly collect information from or market to children under the age of 18.  If you are under the age of 18 you must leave this Site immediately. Fraudulent use of this Website may subject you to civil or criminal sanctions.

IV. ACCEPTANCE OF THE TERMS OF THIS POLICY

Acceptance of the terms of this Privacy Policy is a portion of the consideration required for your right to visit the Website. If you do not accept these terms, you have no right to visit this Site. Please note, that viewing, using, and or communicating with the Website is considered acceptance of this Privacy Policy.

V. TYPES OF INFORMATION WE COLLECT

This Website routinely collects information about its Visitors, Subscribers, Members, and Customers. This information is obtained in various ways, such as:

  1. INFORMATION OBTAINED FROM REGISTRATION

    Registration means that the Visitor, Subscriber, Member or Customer takes active steps to communicate or transmit information to this Website. This can include names, home and business addresses, email addresses, Internet Protocol (IP) addresses and mobile/landline/business/personal telephone numbers provided during Registration. This information may also include pages or ‘pop ups’ where you register for a newsletter or subscribe to a mailing list; it can include your participation in visitor surveys; it can include requesting information from the Website via email, mail, or courier; it may be from joining an affiliate program or other membership organization, paid or unpaid; it may be from ordering a product.

    Occasionally complete credit card information may be provided to the Website via fax or a fill-in form rather than regular secure merchant service processing. This information is kept at the highest level of security and is never divulged to anyone except the merchant service provider or for the purpose of communication with the Customer.

  2. INFORMATION OBTAINED DURING ONLINE ORDERING OR PURCHASE

Online ordering via SSL encrypted communication provided by shopping cart services supporting merchant service companies like Visa and Master Card provide information to the Website but do not include complete credit card numbers. In the process of online ordering, the Website collects, name, address, city, state, email address, phone number, CVV2 (back of card) number, and, occasionally a Member password from the Customer. You should consider all this information available to the Website. This information is used to deliver the product, but under the Purchase Agreement you also approve its use for general solicitation purposes.

  1. INFORMATION OBTAINED FROM SITE USE

Visitor’s Site usage (e.g. browsing history, search terms, number of clicks, referring/exit pages, date/time stamp, time on Site), may also be collected. Visitor’s products and services viewed, including advertisements for such products and services, computer type, operating system, platform type, and internet service provider information may also be collected.

  1. INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE ADVERTISERS

 Visitors clicking on banners or pop-ups or hyperlinked advertising, appearing on this Website must assume that information is being collected about them by third parties. This Site is not responsible for the use of information collected in such a fashion. Visitors must assume that (1) information will be collected, (2) that ‘cookies’ will usually be placed on their hard drive, (3) that the Website does not have any control over what happens with this information, (4) that the Website takes no responsibility over the accuracy or content of advertisers, (5) that the Website is not responsible for downloads from third party advertisers that contain viruses or worms or other computer code that causes their computer or software harm, and (6) that the Website assumes no responsibility for the data that is garnered from the click itself or that the advertiser collects.

  1. INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING URLS

If you send a friend an email from this Site or if you send the url or one of our web pages to a friend, you must assume that some data is collected about your IP address or your email address and that of your friend. You must assume that referred emails or web pages may appear to come from your email. You must accept full responsibility for referring pages or email to a friend and you agree to indemnify this Site for any damage, intentional or unintentional that results from said referrals.

  1. INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS

Unless otherwise specified in the survey, you must assume that any information provided to the Website as part of a survey in which you participate may be used for general solicitation for commercial purposes and that such information will be shared with joint venture partners, affiliates, marketing organizations or used by the Site itself for product design or solicitation purposes.

  1. INFORMATION OBTAINED FROM ELECTRONIC MEANS, COOKIES, AND OTHER WEB DEVICES

Many websites, including this one, will collect information about your computer, including your email address, and your IP address. You must assume that your web-viewing or web-use activity is monitored, tracked, and that your information is collected. This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the Website may or may not have any idea who you are.

“Cookies” is web jargon or bits of computer code placed on your hard drive. Websites use this to keep you “logged in,” to keep track of search criteria, to monitor use, to password protect use of the Site or use of products sold by the Site. Cookies can also be used to obtain information about your computer configuration or your computer usage.

 Cookies can be used to electronically gather information about you. Again, it may or may not be personal information, but it is information and by using this Site you are expressly giving permission to use “cookies” and to use the information gathered from such. You also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this Site or its joint venture partners, affiliates, and marketing organizations.

If you use this Website without changing your cookie settings, you are consenting to receive all cookies from our Website. If you do not allow cookies, some features and functionality of our Website may not operate optimally. In addition to cookies, the Website allows certain third parties to place technological tools such as beacons on our Website for the purposes listed in this Privacy Policy.

  1. INFORMATION OBTAINED FROM VISITOR EMAIL INQUIRIES

Visitors who wish to communicate with the Website do so under two conditions: (1) they give their permission to be contacted by the Website; (2) they are subject to any and all “submission” provisions of the Terms of Use, Purchase Agreement, and this Privacy Policy. While your email address may or may not be used to solicit you, it is added to the Website’s general solicitation database.

VI. HOW INFORMATION MAY BE SHARED

  1. The Website may share information with third parties for the completion of various service requests and to perform business functions (e.g. providing services, support, consulting, and registration).
  2. The Website may share information as required by law or to protect itself with regard to legal orders or requirements served on the Website; to protect and defend the Website’s rights or property (including intellectual property); or to protect the safety or personnel of the Website.
  3. The Website may share data with third parties to offer Viewers more targeted products or services. Viewers may request that their information be removed from such lists by contacting the Website through the “Contact Information” section, below.
  4. The Website may share information with third parties to enable the Website to take security measures to help protect against unauthorized access to, alteration, disclosure, or destruction of data.

 

VII. HOW INFORMATION MAY BE USED

  1. CUSTOMER EMAIL OR TESTIMONIALS
    If you are a Customer and send an email to the Website, or if you communicate with the Site by phone or mail, the Website collects information about your communication and by communicating with the Site you give the Website your permission to collect, archive, retrieve, and otherwise use any information collected as the Site sees fit. Any communication which, in its sole discretion, the Site deems to be a testimonial, may be publicized for commercial purposes without further notice to you.

VIII. INFORMATION THAT IS NOT SHARED

Credit card information or other financial information is not usually known to the Website. However, in the event that it is made known, that information is never revealed to anyone except to processing authorities or law enforcement agencies. However, the provider of any such information gives express permission to use it in fraud investigation or for purposes of litigation.

IX. BULLETIN BOARDS AND PUBLIC FORUMS

Visitors, Subscribers, Members, or Customers who use any Site provided bulletin boards or other public forums do so at their own risk. You may not assume that the Site monitors these services or protects you in any manner from information you post publicly or share with anyone else via these services.

X. SPAM

By providing to this Website information that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning unsolicited email or spam from this Website since, by providing such information, you agree to receive communication from us and/or other marketing organizations. However, all email communication with you shall contain an ‘unsubscribe’ link where you may notify the Website that you no longer wish to receive solicitations or information from the Website and your name will be removed from the general solicitation database at that time.

XI. DATA SECURITY

This Website implements commercially reasonable security measures to protect data that contains information related to you from unauthorized access, use, alteration, or disclosure. However, as a consideration for viewing this Site or interacting with this Site in any manner, you waive all claims of any nature against this Site concerning the loss, alteration, or misuse of information. You must assume that it is possible for your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause you harm and you hereby agree that the Site is not responsible for any damages to you.

XII. USER ID AND PASSWORDS

Certain areas of the Site require a user ID, email address, or password as an additional security measure that helps protect your information. To help protect your privacy, these sites have tools to help you log in and out.

XIII. LINKING TO OTHER INTERNET SITES

Please note that other Internet sites that are linked from the Website or from an email message may contain privacy provisions different from the provisions of this Privacy Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of these other linked sites, or applications.

XIV. CALIFORNIA PRIVACY RIGHTS

It is the intent of the Privacy Policy to comply with California’s Privacy Laws. Various provisions throughout this Privacy Policy address its requirements. In summary, you must presume that we collect electronic information from all Visitors. However, this information is not usually personally identifiable. If you purchase a product or service via this Website (and thereby become covered by the Act), the Purchase Agreement you electronically sign prior to the completion of a purchase allows the Website to collect and archive all the personal information you provide and to transmit and/or transfer that personal information to third parties, including  joint venture partners, affiliates, and marketing organizations.

California residents who provide personal information (as defined in California’s “Shine the Light” statute) to obtain products or services for personal, family, or household use have the right to request and obtain from the Website, once every calendar year, information about the personal information we shared with other businesses, if any, for marketing purposes. This   information would include the categories of personal information and the names and addresses    of those businesses with which we shared such personal information for the immediately prior calendar year. To obtain this information, please send us an email to: support@edrush.com, and include “California Privacy Rights” in the subject line.

Other provisions of the California Privacy Laws may exempt this Website from complying. While we take measures to ensure that outside parties do not have access to any information we have          about you, we do not warranty that outside parties will not breach our system and thus gain access to your information. (You should know that merchant service providers do not allow us access to your credit card information.) This Privacy Policy also is subject to periodic change without notice to you. You are required to read it prior to using the Website each time. By interacting with the Website you agree to the terms and conditions of the active Privacy Policy.   By using the Website or purchasing a product through this Website, you waive the right to use state or federal court systems to address complaints and, instead, agree to use the American  Arbitration Association located in a city and county specified herein, to resolve any and all   disputes.

XV. TRANSMISSION OF INFORMATION TO OTHER COUNTRIES

Your information is processed in the United States, where privacy laws may be less rigorous or different than the laws in your country of residence. By submitting your information to the Website, you agree to the transfer, storage, and processing of your information in the United States.

XVI. BREACH NOTIFICATION

In the event the Website determines that there has been a data security incident, it will notify you by email, U.S. mail, telephone, or other means as permitted by law.

XVII. CONTACT INFORMATION

You may direct questions, comments, requests for information, or incident reports to: support@edrush.com

XVIII. REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE

This Privacy Policy is dynamic. It will continually change over time. You may not assume that it remains the same and you agree to check the policy each time you visit the Site for changes. If in the sole opinion of the Website, this policy is materially changed, it may post notification on the Site or via email. However, you will not receive a separate notification of changes to this Privacy Policy nor, under any circumstances, does this Site promise any such separate notification to you. Your continued use of this Site always evidences your acceptance of the terms of this Privacy Policy or any modifications thereto. Seller reserves the right to amend the Privacy Policy at any time, for any reason.

XIX. LATEST UPDATE

This Privacy Policy was last updated on: December 5, 2018.

XX. COPYRIGHT

This Privacy Policy is used under license. The copyright is owned by Mining Gold Corporation and Nevada Processing Center, Inc.

XXI. DISPUTES

As part of the consideration that the Website requires of the Visitor to view, use, or interact    with this Site, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, product, and/or service, including but not limited to, solicitation issues, privacy issues, and terms of use issues related to the Website.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association,    which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Any hearing will take place in the city or county of the Seller.

In no case shall the Visitor have the right to go to court or have a jury trial. Visitor will not have the right to engage in pre-trial discovery except as provided in the rules of arbitration; you will        not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute in arbitration, including attorneys’ fees, collection fees, investigation fees, and travel expenses.

XXII. JURISDICTION AND VENUE

If any matter concerning this Privacy Policy shall be brought before a court of law, pre- or post-arbitration, Visitor agrees that the sole and proper jurisdiction is the state and city declared in the contact information of the web owner, unless otherwise here specified. Visitor agrees to unconditionally submit to the exclusive jurisdiction and venue of such courts and will not object to such jurisdiction and venue on the grounds of personal jurisdiction, inconvenient forum, or otherwise.  Visitor waives any and all right to trial by jury in any legal proceeding arising or related to the Privacy Policy. The Website reserves all rights and remedies available to it with           respect to any matter related to this Privacy Policy. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.

XXIII. SEVERABILITY AND WAIVER

If any provision of this Privacy Policy is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provisions shall be enforced to the fullest extent permissible by       law, and all other provisions shall remain in full force and effect. The failure to use or exercise any right or provision in this Privacy Policy shall not be deemed a waiver of such right or provision.

XXIV. APPLICABLE LAW

Visitor agrees that the applicable law to be applied shall, in all cases, be that of the state of the Website owner(s), without regard to choice of law principles.